HomeMy WebLinkAboutC2008-344 - 9/30/2008 - ApprovedContract Number:
This agreement (including Exhibits) is entered into between the CITY OF CORPUS CHRISTI
(C11'Y), a Texas home-rule municipal corporation, acting herein by its City Manager, duly
authorized action of its City Council, and Texas A&M University-Corpus Christi, a member of
The Texas A&M University System, an agency of the State of Texas, (TAMU-CC), acting
herein by its President, who has been delegated authority to approve interlocal contracts by
action of the Board of Regents of the Texas ABcM University System, for purposes of the Texas
Lrterlocal Cooperation Act, Texas Government Code, Chapter 791, to achieve efficiency. in
meeting intergovernmental responsibilities. City and TAMU-CC are collectively referred to
herein as the "Parties."
WITNESSETH that the CITY and TAMU-CC, in wnsideration of mutual covenants, promises,
and agreements herein contained, agree as follows:
1. PURPOSE
TAMU-CC will develop a "Community Visioning Project," (the Project) which is
outlined in Attachment "A." The scope of services provided in Phase II of the Project
include the following:
• To develop a community vision
• To print and disseminate a publication detailing the community vision
• To fund the analysis ofnon-survey data
• To obtain a community survey
• To obtain the services of a community visioning consultant
• To obtain the services of a project manager
• To fund the meetings and communication necessary for Phase II of the
"Community Visioning Project."
2. COMPENSATION AND METHOD OF PAYMENT
A. In consideration of the services provided, the City will pay TAMU-CC the sum of
$132,330 for the services described in the Budget in "Attachment B: 'City agrees to
make said payment in two instalhnents. The first installment of $66,000 shall be made
upon final execution of this Agreement and the second installment of $66,330 shall be
made on or about January 31, 2009. TAMU-CC will be the fiscal agent for the Project.
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2008-344
09/30/08
Res. 027880
TX A&M - CC
3. TERM OF THE CONTRACT
This contract shall commence on or about September 23, 2008, and shall terminate on
August 31, 2009.
4. CONTRACT DOCUMENTS
The contract documents shall consist of the following (listed in order of precedence)
attached to and incorporated as part of this agreement:
A. This Executed Agreement
B. Attachment "A" -Prospectus for Community Visioning Project
C. Attachment "B" -Budget
5. VENUE
This Agreement is performable in Nueces County, Texas. Pursuant to Section 85.18,
Texas Education Code, venue for any suit filed against TAMU-CC shall be in the county
in which the primary office of the chief executive officer of TAMU-CC is located.
6. GOVERNING LAW
The validity of this Agreement and all matter pertaining to this Agreement, including but
not limited to, matters of performance, non-performance, breach, remedies, procedures,
rights, duties, and interpretation or construction, shall be governed and determined by the
Constitution and the laws of the State of Texas.
SEVERABILITY
If any part of this Agreement shall be held illegal, unenforceable, or in conflict with any
law, the validity of the remaining portions shall not be affected hereby.
8. ENTH2E AGREEMENT
This document constitutes the entire agreement between CITY and TAMU-CC. This
document supersedes all oral or written previous and contemporary understandings or
agreements related to matters contained herein. This Agreement may not be amended or
otherwise altered except by mutual agreement in writing signed by CITY and TAMU-
CC.
9. ASSIGNMENT
This Agreement is not assignable without express written agreement of CITY and
TAMU-CC.
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10. INDEMNIFICATION
To the extent permitted by the laws and constitution of the State of Texas, both Parties
agree to defend, indemnify and hold harmless the other Party, and their respective agents,
officers and employees from and against any and all liability or damages incurred in
connection with claims for damages of any nature resulting from bodily injury, death,
personal injury or property damage arising from the negligent or willful acts or omissions
of the indemnifying Party, its agents or employees. No party to this Agreement shall be
liable for any negligent or wrongful act to the extent caused by any other party to this
Agreement unless (and to the extent that) any such liability is imposed by a court of
competent jurisdiction.
11. FORCE MAJEURE
Neither party is required to perform any term, condition, or covenant of this Agreement,
if performance is prevented or delayed by a natural occurrence, a fire, an act of God, an
act of terrorism, or other similar occurrence, the cause of which is not reasonably within
the control of such party and which by due diligence it is unable to prevent or overcome.
12. DISPUTE RESOLUTION PROCESS
The dispute resolution process provided in Chapter 2009, of the Texas Government Code
shall be used by TAMU-CC and the City of Corpus Christi to attempt to resolve any
claim for breach of contract made by either party that cannot be resolved in the ordinary
course of business.
13. STATE CONTRACTING REQUII2EMENT5
A. PUBLIC INFORMATION ACT
The Parties acknowledge that both Parties to this Agreement are obligated to
strictly comply with the Public Information Act, Chapter 552, Texas Government
Code, in responding to any request for public information pertaining to this
Agreement.
B. NON-WAIVER PROVISIONS
CITY expressly acknowledges TAMU-CC is an agency of the State of Texas and
nothing in this Agreement shall be construed as a waiver or relinquishment by
TAMU-CC of its right to claim such exemptions, privileges, and immunities as
may be provided by law.
14. NOTICES
Any notice required or permitted under this Agreement must be in writing, and shall be
deemed to be delivered (whether actually received or not) when deposited with the
United States Postal Service, postage prepaid, certified mail, return receipt requested, and
addressed to the intended recipient at the address set out below. Notice may also be given
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by regular mail, personal delivery, courier delivery, facsimile transmission, email or other
commercially reasonable means and will be effective when actually received. TAMU-CC
and CITY can change their respective notice address by sending to the other party a
notice of the new address. Notices should be addressed as follows:
TAMU-CC: Texas A&M University-Corpus Christi
6300 Ocean Drive -Unit 5756
Corpus Christi, TX 78412-5756
Attention: Mary Sherwood
Phone: (361) 825-2621
Fax: (361)825-5810
E-mail: mary.sherwood@tamucc.edu
City of CC: City of Corpus Christi
1201 Leopard
Corpus Christi, TX 78401
Attention: Angel Escobaz, Interim City Manager
Phone: (361) 880-3220
Fax: (361) 826-3838
E-mail: an¢ele(a~cctexas.com
15. DEFAULT AND TERMINATION
CITY and TAMU-CC may, without cause, terminate this Agreement at any time upon
giving thirty (30) days advance notice to either party.
In WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to
be bound thereby.
City of Corpus Christi
i
pp Signature
Name: ItYIAL~ ~ ~se~ba.r
Prlnted/Typed Name
Texas A&M University-Corpus Christi
By:
Signature
Name: Flavius Killebrew
PrtntecUTyped Name
Title: ~t+iR /Vt C('~ / vl0.VlGlG)41r'
Date: c~ 30 t ~OOg
k'f7EST: _
ARMANDO CMAPA
Cm secaeraa..
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Title: President
Date: September 15, 2008
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ETARS' ~1
Attachment A
Prospectus for Community Visioning Project
Presented by Del Mar College and Texas A&M University-Corpus Christi
Background
In recent months, the Coastal Bend has experienced considerable differences of opinion as
various projects, proposals and ideas that will affect the city's future have come forward. There
is also a growing recognition in several arenas that the community must learn to negotiate its
differences of opinion in a way that leads to positive outcomes for the future. At the same time,
several organizations in the community are beginning or engaged in planning efforts that will
affect and be affected by the overall direction of the community. The time is therefore right to
launch acommunity-wide process that builds on these individual efforts and results in a unified
vision and action plans that will move the community forward in a more systematic and positive
manner.
As the two higher education institutions vested in the social and economic vitality of the Coastal
Bend, Texas A&M University-Corpus Christi and Del Mar College believe they are uniquely
situated to initiate such a process. This prospectus outlines a concept for how the institutions,
using a proven model for community visioning, could help the community develop a vision that
has broad consensus and the action plans to make the vision reality.
Guiding Principles
The process that A&M-Corpus Christi and Del Mar College would design will be based on the
following principles:
• A&M-Corpus Christi and Del Mar will provide an objective arena in which to
design and conduct a civil dialogue on the future of Corpus Christi that brings
stakeholders together in a productive relationship.
• The project structure will include multiple stakeholders and multiple sponsorships.
• The resulting vision will be for the community as a whole: economic development,
health care, growth, education, quality of life, etc.
• The process will include rigorous collection and analysis of data to understand our
current position, key emerging trends and issues, and to validate the vision when it
is developed.
• There will be opportunity for broad public involvement from all sectors of the
community.
• The process will be designed with the assistance of a community visioning expert
and will be enriched by the involvement of many institutional and community
resources.
General Outline/Key Activities/1'imeline
Phase I (/'our to six months)
• Process design
• Research and data collection and analysis to answer the question: Where are we
now?
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Phase II (nine to twelve months)
• Creating and validating the vision: Answers the question: Where do we want to be?
Phase III (six to nine months)
• Developing an action plan: Answers question: How do we get there?
Phase IV (Ongoing)
• Implementation and monitoring for accountability: Answers question: How are we
doing?
General Outcomes of a Visioning Project
• Build greater consensus on strategic direction for the community.
• Identify and empower community leaders to reach the community's collective
goals.
• Engage Texas A&M-Corpus Christi and Del Mar College in the community so
each can fulfill higher education needs in a way that is consistent with the
community vision.
• Develop capacity for civil discourse on important community topics.
Deliverables of a Visioning Project
• Phase I: Community profile, values statement and statement of emerging trends and
issues
• Phase II: Vision statement
• Phase III: Action plan
• Phase IV: Strategy to support ongoing implementation. Periodic progress reports to
the wider community.
Cost and Funding Sources
• The cost for similar projects in other cities has been from $250,000 to $500,000.
• Typical cost elements from other projects include staff, surveys, meetings,
consultants and communications.
• If the Council is receptive to the concept, we will develop a budget for Phase I.
• Budgets for subsequent phases would be developed during Phase I, based on the
process design adopted.
• Funding sources could include the city and other stakeholders identified during the
design phase. The University and Del Mar College will provide staff time and in-
kind contributions. We have already invested $1,500 in consulting costs and many
hours of staff time as we considered making this proposal.
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BoldFuture for the Coastal Bend
Phase II and Estimated Phase III Funding
Phase II Costs and Funding
Survey $20,000
Non-Survey Data Analysis $20,000
Consultant & Expenses $35,000
Project Manager $28,000
Publications/Web/Ads $25,000
Postage/Mailings $2,000
Meetings ** $10,000
Mileage $1,000
Contracted Services $7,500
Miscellaneous/Contingency $14,850
TOTAL $163,350
Requested from City $132,330
Coming from *Nueces County $11,000
Requested from San Pat County $12,584
To be raised from other sources $7,436
*Phase II In-Kind Funding
Del Mar College $40,000
TAMU-CC $40,000
Total $80,000
Estimated Phase 111 Funding
(To be raised from non-City sources)
Consultant & Expenses $35,000
Project Manager $35,000
Publications/Web/Ads $25,000
Postage/Mailings $2,000
Meetings $10,000
Mileage $1,000
Contracted Services $7,500
Miscellaneous/Contingency $14,850
TOTAL $130,350
*Phase III In-Kind Funding
Del Mar College $35,000
TAMU-CC $35,000
Total $70,000